successor liability

Acquisitions Bring CERCLA Liability to Banking Conglomerate

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability /

From a purely legal standpoint, the recent ruling In Tennessee v. Roane Holdings Ltd., 2011 U.S. Dist. LEXIS 143703 (E.D.TN 12/14/11) was not unusual. The court ruled on a motion to dismiss that a party who had entered into an administrative order on consent could not bring a cost recovery action under CERCLA section 107 […]

Acquisitions Bring CERCLA Liability to Banking Conglomerate Read More »

Ct Rules Existence of Seller Not Relevant For Successor Liability

CERCLA, Corporate and Real Estate Transactions /

One of the underpinnings of corporate law is that a purchaser of assets is not normally liable for the liabilities of the predecessor while a stock purchaser will take on the pre-existing liabilities. Courts have fashioned four exceptions to the no liability for asset purchaser rule. The exceptions are: express or implied assumption of liability

Ct Rules Existence of Seller Not Relevant For Successor Liability Read More »

Scroll to Top